Guardians and Wards Act, 1890, Section 25, Civil Procedure Code, 1908, Section 151 -- Custody of child granted to mother - Objection by parental grandparents of child - Father of child committed suicide and a criminal case registered against mother and maternal grandparents of child - Relations between parties are not cordial due to pendency of criminal proceedings -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 4.2 kg ganja patti - Even if recovered contraband is taken to be `ganja' still the name would fall within intermediate quantity being less than 20 kgs - Challan already filed - No useful purpose would be served by further detaining petitioner..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of FIR - Criminal breach of trust - Essential ingredients to constitute criminal breach of trust is `Entrustment of Property' and `Dishonest use of the same' - In the instant case, as per FIR, element of entrustment is missing and it is case of complainant himself that it was a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Cheating - Offence of cheating would not be made out, merely because of breach of promise by borrower to return loan amount - Moreover, there is no inducement on the part of petitioner muchless by deceiving him - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Inherent powers - Ordinarily, defence of accused although appears to be plausible should not be taken into consideration for exercise of jurisdiction u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Inherent powers - High Court shall not express its view on disputed questions of fact in a petition u/s 482 Cr.P.C. to come to a conclusion that offence is not made out...........
Criminal Procedure Code, 1973, Section 258 -- Discharge - Merely because accused had absconded or that despite the initiation of coercive proceedings, his presence cannot be secured is no reason to invoke S.258 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Condition of producing registered surety - Petitioner is unable to produce a registered surety for reasons entirely beyond his control - He cannot be indefinitely kept in jail for inability to fulfill the condition of producing a registered surety - Magistrate directed to consider modifying impugned orders on such..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354 -- Delay in lodging FIR - Offence u/s 354 IPC - FIR lodged after more than four decades as from the date of incident - Admittedly, punishment for committing offence alleged against accused as in the year 1971 was a maximum of 2 years imprisonment - Further, as per S.468 Cr.P.C, no Court shall..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 67, Criminal Procedure Code, 1973, Section 439 -- Recovery of 35 kg ganja - Bail - Confession of co-accused - Investigation of case is complete and final report also filed - Only material available against accused is statement of co-accused and there is no other material - There is thus,..........
